c. Due process required.(1)POWs: same as detaining powers military forces. Art 99 - 108, GPW.(2) Detainees. What due process they receive depends upon status: GC,
common Art. 3, or minimal human rights protection with Host Nation
law.(3)Right to appeal. Art 106, GPW.I. Escape of Prisoners of War.- When is an escape successfi~l:~~ (Art. 9 1, GPW).
a. Service member has rejoined his, or Allies', armed forces; orb. Service member has left the territory of the Detaining power or its ally
(i.e., entered a neutral country's territory).Lo7- Unsuccessful escape.
Io6 Between 1942 and 1946,2,222 German POWs escaped from American camps in the U.S. At the time of
repatriation, 28 still were at large. One remained at large and unaccounted for in the U.S. until 1995! None of
the German POWs ever successfully escaped. During World War II,435,788 German POWs were held on
American soil (about 17 divisions worth). Of all the Germans captured by the British in Europe, only one
successfully escaped and returned to his own forces. This German POW did this by jumping a prisoner train
in Canada and crossing into the U.S., which at that time was still neutral. ALBERT BIDERMAN, MARCH TO
CALUMNY: THE STORY OF AMERICAN POW'S IN THE KOREAN WAR 90 (1979) Jack Fincher, By Convention,
the enemy within never did without, SMITHSONIAN(June 1995), at 127. See also ARYOLDKRAMMER,NAZI
PRISONERSOF WARIN AMERICA (1994).
See, A. Porter Sweet, From Libby to Liberty, MIL. REV. (Apr. 1971), at 63, for an interesting recount of
how 109 union soldiers escaped a Confederate POW camp during the Civil War. See ESCAPEAND EVASION:
17 TRUE STORIES OF DOWNEDPILOTS WHO MADE ITBACK (Jimmy Kilboume, ed. 1973), for stories of
servicemen who successful avoided capture after being shot down behind enemy lines or those who
successfully escaped POW camps after capture. The story covers World War I through the Vietnam War.
According to this book, only 3 Air Force pilots successfully escaped from captivity in North Korea. Official
Army records show that 670 soldiers captured managed to escape and return to Allied control, however, none
of the successful escapees had escaped from permanent POW camps. See Paul Cole, I POWIMIA Issues, The
Korean War 42 (Rand Corp. 1994). See also George Skoch, Escape Hcltch Found: Escaping from a POW
camp in Italy was one thing. The next was living offa war-torn land amongpartisans, spies, Fascists and
German Patrols, MIL. HISTORY (Oct. 1988), at 34.
lo' See SWISSINTERNMENT OF PRISONERS OF WAR: AN EXPERIMENT IN INTERNATIONAL HUMANE
LEGISLATION AND ADMINISTRATION (Samuel Lindsay, ed., 1917), for an account of POW internment
procedures used during World War I.